Montana § 40-2-209 Individual Property Of Married Person -- How Far Liable

Montana Statutes

§ 40-2-209 — Individual Property Of Married Person -- How Far Liable

Montana § 40-2-209

Title 40FAMILY LAW

Ch. 2HUSBAND AND WIFE

Part 2Individual Property

This text of Montana § 40-2-209 (Individual Property Of Married Person -- How Far Liable) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-2-209 (2026).

Text

40-2-209 . Individual property of married person -- how far liable. Individual property of a married person listed in an inventory as provided in 40-2-203 and 40-2-204 or otherwise proved to be the individual property of the married person is exempt from all debts and liabilities of that person's spouse, except:

(1)when the debt or liability is for necessary articles procured for the use and benefit of the married person, the spouse, or minor children; or

(2)when the property is in the sole and exclusive possession of the spouse and the creditors have dealt with the spouse in good faith on the credit of the individual property without knowledge that the property does not belong to the spouse.

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40-2-209 . Individual property of married person -- how far liable. Individual property of a married person listed in an inventory as provided in 40-2-203 and 40-2-204 or otherwise proved to be the individual property of the married person is exempt from all debts and liabilities of that person's spouse, except:
(1) when the debt or liability is for necessary articles procured for the use and benefit of the married person, the spouse, or minor children; or
(2) when the property is in the sole and exclusive possession of the spouse and the creditors have dealt with the spouse in good faith on the credit of the individual property without knowledge that the property does not belong to the spouse.

Legislative History

En. Sec. 1, p. 369, Bannack Stat.; re-en. Sec. 1, p. 521, Cod. Stat. 1871; re-en. Sec. 866, 5th Div. Rev. Stat. 1879; re-en. Sec. 1432, 5th Div. Comp. Stat. 1887; amd. Sec. 227, Civ. C. 1895; re-en. Sec. 3707, Rev. C. 1907; re-en. Sec. 5799, R.C.M. 1921; Cal. Civ. C. Sec. 171; re-en. Sec. 5799, R.C.M. 1935; amd. Sec. 10, Ch. 293, L. 1975; R.C.M. 1947, 36-118.